Human biotechnology is both constrained and catalyzed by intellectual property law, which regulates who can use certain information, ideas, and processes. Patents—one form of intellectual property—give the holder an exclusive right to produce and sell an invention.

While patents provide an incentive to inventors, they can also inhibit information flow. Their management has a tremendous impact on how biotechnologies are developed, and who benefits from them.

In the United States, the development of biotechnology has been dramatically influenced by two developments in 1980 that greatly increased the incentives for the commercialization of the life sciences. Congress passed the Bayh-Dole Act, which reformed how inventions from federally-funded research are managed. The same year, the Supreme Court ruled in Diamond v. Chakrabarty that living things, including genes, could be patented.

Review of Blame: A Novelby Abby Lippman, Biopolitical Times guest contributorNovember 28th, 2016Blame is especially important for those unfamiliar with the range of ethical, social, legal, and political issues raised by applications of what is learned in a lab. While a work of fiction, it is definitely not science-fiction

Blame bad incentives for bad scienceby Bethany Berkshire, ScienceNewsOctober 21st, 2016The publish-or-perish culture rewards researchers for the number of papers they publish, leading to sloppy and irreproducible science, and sometimes unethical practices.

Just What We Need: Slicker Infertility Marketingby Gina Maranto, Biopolitical Times guest contributorOctober 21st, 2016A serial tech entrepreneur launches a new start-up called Prelude with a hipster-chic website downplaying the many unknowns of egg freezing.

A DNA Sequencer in Every Pocketby Ed Yong, The AtlanticApril 28th, 2016Oxford Nanopore Technologies, which severed financial ties with DNA sequencing monolith Illumina in 2013, is "desperately thinking of ways of bringing them down.” These include a USB-powered sequencer called the MinION.

CRISPR Eugenics in The X Filesby Elliot HosmanMarch 10th, 2016In the comeback season finale, the show explores the use of human gene editing to combat global warming and overpopulation.

CRISPR patent belongs to aliensby Sara Reardon, NatureFebruary 29th, 2016Returning with a new season after over a decade, The X Files uses technologies like CRISPR gene editing to tell stories at the intersection of science, politics, and conspiracy theories.

Gene Therapy: Comeback? Cost-Prohibitive?by Elliot Hosman, Biopolitical TimesNovember 19th, 2015Recent CRISPR news sometimes confuses germline modification - which should be put off limits - and gene therapy, which presents its own set of social and ethical risks to resolve before rushing to market.

Who Owns Molecular Biology?by Yarden Katz, Boston ReviewOctober 28th, 2015A researcher at the Broad Institute explores the patent issues surrounding CRISPR-Cas gene editing, and argues for a more just sharing and distribution system for scientific research.

CRISPR-Cpf1: Hype by Association by Elliot HosmanOctober 2nd, 2015Amid Nobel Prize predictions for CRISPR-Cas9 research, a new CRISPR associated protein takes the media and science community by storm, even as its utility remains unclear.

What Will 120 Million CRISPR Dollars Buy?by Elliot Hosman, Biopolitical TimesAugust 13th, 2015As Editas Medicine receives major injection of financing, how will the genetics boom impact funding for public health?

Patently Absurd? Or Absurdly Patentable?by Pete Shanks, Biopolitical TimesNovember 12th, 2014The US Supreme Court might agree to rule on the validity of stem-cell patents, and the Canadian courts are being asked to invalidate a patent on disease-linked genes.

Is Freezing Your Eggs Dangerous? A Primerby Josephine Johnston and Miriam Zoll, New RepublicNovember 1st, 2014This eagerness to push forward with non-medically necessary egg freezing services raises an important question: How safe and effective does a technology like this need to be before it is sold to young, fertile women?

Synthetic biology goes for scaleby Joanna Glasner, ReutersSeptember 2nd, 2014Synthetic biology, which uses engineered gene sequences to create new biological systems and devices, used to be a subject for futurists and sci-fi writers, but now is attracting large investments.

Beyond-DNA Dayby Jessica Cussins, Biopolitical TimesApril 25th, 2014With a patent now issued for CRISPR genome-editing technology, and the first gene therapy approved by the FDA, this DNA Day will be remembered not for increased understanding of the human genome, but for increased attempts to change it.

Hwang's Patented Fraud and New Questions about STAP Cells by Pete Shanks, Biopolitical TimesFebruary 19th, 2014Hwang Woo-suk is awarded a U.S. patent based on the work for which he was disgraced almost a decade ago; an investigation is launched into some apparently similar errors in the recent STAP cell papers.

Designing Childrenby Jonathan Webber, Genomics Law ReportNovember 12th, 2013Some degree of mastery over the genetic future of the human species seems to be a possibility. For whom and for what does this technology exist?

23andMe's Designer Baby Patentby Dov Fox, Huffington PostOctober 4th, 2013Even if 23andMe doesn't bring its donor selection technique to market, a patent award sends the message that this is an invention whose development should be protected and promoted.

Your Body, Their Propertyby Osagie K. Obasogie, Boston ReviewSeptember 30th, 2013When the U.S. Supreme Court struck down human gene patents it took one aspect of the debate over property interests in human biological materials off the table. But other body parts are still considered fair game.

Corporate Geneticsby Robert Nussbaum, Technology ReviewAugust 21st, 2013In June the U.S. Supreme Court ruled that patents on genes were invalid. Yet corporate intellectual-property claims can still harm patients.

Myriad Ruling Causes Confusionby Heidi Ledford, NatureJune 18th, 2013The Supreme Court decision ended a long-running, emotionally charged legal challenge to gene patents, but the grey area between this ruling and the court’s second point — that patents can be claimed on modified DNA — has puzzled observers.

Reactions to the Supreme Court Ruling Against Myriadby Pete Shanks, Biopolitical TimesJune 13th, 2013The unanimous Supreme Court decision that human genes may not be patented was greeted with enthusiasm by the large coalition of plaintiffs and supporters, while the losers tried to put a brave face on it.

Cancer Inc.by Jessica Cussins, Biopolitical TimesMay 28th, 2013Angelina Jolie’s widely discussed op-ed about her preventative double mastectomy glosses over the impact of one company’s patent on the “breast cancer genes” as well as alternative choices that are available to women who have mastectomies.

Angelina Jolie and the Fate of Breast Cancer Genes[Quotes CGS's Marcy Darnovsky]by Alexandra Le Tellier, Los Angeles TimesMay 14th, 2013Angelina Jolie described her double mastectomy as a way to gain control over mutations in her "breast cancer genes," but how much control we have over BRCA1 and BRCA2, and human genes in general, is yet to be determined.

Can Human Genes Be Patented?by Eliot Marshall, ScienceApril 17th, 2013The question has been debated for years but not addressed directly by the U.S. Supreme Court—until this week. The decision, expected later this year and from which there is no appeal, could have an impact on hundreds of companies and thousands of researchers.

Can We Patent Life?by Michael Specter, The New YorkerApril 2nd, 2013Jonas Salk would not be amused, but if the Supreme Court buys Myriad’s argument, the sun, along with the carbon, hydrogen, and oxygen contained within it, will indeed be up for grabs, and so will every gene in our bodies.

The Definitive Book on the Strange History of BiDilby Osagie Obasogie, Biopolitical TimesDecember 6th, 2012Jonathan Kahn's new Race In A Bottle is an extraordinary account of the birth, life, and death(?) of the first drug to receive FDA approval for a specific racial group.

European Society of Human Genetics Reprimands Myriad Geneticsby Emily Stehr, Biopolitical TimesNovember 7th, 2012Myriad Genetics claims its research data is a trade secret as it pushes for a stronger presence in the European genetic testing market. Experts' responses reflect the ideological divide in the ongoing challenge to Myriad's BRCA gene patents.

Human Genes - Sold to the Highest Bidder?Federal Appeals Court Ruled that Myriad Can in Fact Patent Isolated Human Genes
by Jessica Cussins, Biopolitical TimesAugust 23rd, 2012A U.S. federal appeals court has reaffirmed that gene patents are legal in its ruling last week that Myriad Genetics can keep its patent on the BRCA1 and BRCA2 genes.

Patients Seek Stem-Cell Compensationby David Cyranoski, Nature NewsJuly 6th, 2012Six patients in California are suing RNL Bio, one of the world’s largest stem-cell companies, for allegedly misleading them about the effectiveness of its stem-cell treatments.

Pride: In Your Genes? by Daniel Sharp, Biopolitical TimesJune 28th, 2012A new "gay gene" study and a strange float at the Pride Parade present a context to reflect on genetic determinism and the meaning of pride.

Informed Consent: A Broken Contractby Erika Check Hayden, Nature NewsJune 20th, 2012As large-scale genetic research has become faster and cheaper, more and more personal genetic data collected for one purpose ends up being used for another.

Rewritable Memory Encoded into DNAby Erika Check Hayden, NatureMay 21st, 2012Researchers in California have successfully encoded a type of rewritable memory into bacterial DNA. However, it took three years and over 750 attempts to do so, demonstrating the difficulty of coding apparently simple processes into DNA.

Can a Company Own Your Genes?by Azeen Ghorayshi, Mother JonesDecember 15th, 2011Last Wednesday, the American Civil Liberties Union petitioned the Supreme Court to rule on whether Myriad Genetics' patenting of the BRCA1 and BRCA2 genes is a sound legal practice.

Biotech Industry Spent $2M on Lobbying in 3Qby Associated Press, Boston GlobeNovember 28th, 2011The Biotechnology Industry Organization spent almost $2 million in the third quarter as it lobbied Congress, the White House, and more than a dozen federal agencies on funding and patent laws.

Life, MonetizedDeadly Monopolies: The Shocking Corporate Takeover of Life Itself — And the Consequences for Your Health and Our Medical Future, by Harriet A. Washingtonby Osagie K. Obasagie, The American ProspectNovember 17th, 2011Harriet Washington's new book examines the ways in which the “medical-industrial complex” benefits research industries at the expense of both consumers and human research subjects.

Geron Quits the Embryonic Stem Cell Industryby Pete Shanks, Biopolitical TimesNovember 16th, 2011Geron has cancelled its clinical trial of a stem-cell treatment for spinal cord injuries, raising questions about the future of the company and the industry.

UK Supreme Court Upholds Gene Patentby Martin Turner, BioNewsNovember 14th, 2011In what appears to be the end of a long-running legal saga, the UK's Supreme Court found in favor of a patent for a gene and the protein sequence it encodes.

'Deadly Monopolies'? Patenting The Human Bodyby Fresh Air, NPROctober 24th, 2011In her new book Deadly Monopolies, Harriet Washington details how our tissues and genes are increasingly being patented by pharmaceutical and biotechnology companies.

Myriad’s Molecular Monopoly to Face the Nineby Doug Pet, Biopolitical TimesOctober 20th, 2011The American Civil Liberties Union and the Public Patent Foundation will petition the Supreme Court to rule on the legality of Myriad Genetics’ patents on cancer-related genes.

Ruling Upholds Gene Patent in Cancer Testby Andrew Pollack, New York TimesJuly 29th, 2011The Court of Appeals for the Federal Circuit, which specializes in patent cases, said that Myriad Genetics was entitled to patents on two human genes used to predict if women have an increased risk of getting breast and ovarian cancer.

A Near-Miss on Gene Patents in Congressby Doug Pet, Biopolitical TimesJune 23rd, 2011A House bill seeking to work around the harms of gene patents may inadvertently threaten ongoing efforts toward a ban, many advocacy and medical groups worry.

Doctor Abandons US Patent Application[Solomon Islands]Solomon Times April 11th, 2011The Network of the Indigenous Peoples-Solomons welcomes the abandonment of a US patent application that uses genetic samples from Solomon Islanders, in a case that raises major ethical questions.

More Arguing About Human Gene Patents in Courtby Doug Pet, Biopolitical TimesApril 7th, 2011A Federal Court of Appeals panel heard oral arguments in the Myriad case, but gave no hint of its decision; either way, many expect it to go to the Supreme Court.

Mixed Messages on Gene Patentingby Anna Salleh, ABC (Australia)April 23rd, 2010The recent landmark US court ruling against gene patents has reignited debate on the issue in Australia just weeks before the expected release of a senate report.

Gene Patents on CBS's "60 Minutes"by Jesse Reynolds, Biopolitical TimesApril 2nd, 2010This Sunday, the long-running American television news show will air a segment on the debate over human gene patents.

Public Interest Group Praises Court Decision that Human Genes Cannot Be PatentedCenter for Genetics and Society Calls Ruling a Victory for Patients, Consumers and Responsible ResearchMarch 30th, 2010CGS welcomed yesterday's District Court decision invalidating patents on genes associated with breast and ovarian cancer, which ruled that human genes cannot be patented because they are products of nature

Judge Invalidates Human Gene Patent[Quotes CGS's Jesse Reynolds]by Marilynn Marchione, The Associated PressMarch 29th, 2010In a ruling with potentially far-reaching implications for the patenting of human genes, a judge on Monday struck down a company's patents on two genes linked to an increased risk of breast and ovarian cancer.

Myriad speaks out of both sides of its mouthby Jesse Reynolds, Biopolitical TimesMarch 8th, 2010In defending its patents on human genes, Myriad Genetics says that a ruling against it would mean everything, and mean nothing.

Gene Patent Challenge Gets Support in the Pressby Jesse Reynolds, Biopolitical TimesFebruary 14th, 2010The lawsuit challenging the constitutionality of human gene patents received its first hearing, but the real developments occurred in the media.

Public interest groups support groundbreaking challenge to human gene patentsCenter for Genetics and Society, Pro-Choice Alliance for Responsible Research, other organizations file brief backing lawsuitSeptember 1st, 2009Public interest, social justice, and women’s health advocates filed a "friend of the court" brief in support of a groundbreaking lawsuit by the American Civil Liberties Union and Public Patent Foundation challenging the constitutionality of human gene patents.

23andMe Gets Into the Breast Cancer Testing Businessby Osagie K. Obasogie, Biopolitical TimesFebruary 23rd, 2009Google-backed 23andMe, a leader in the recreational genetics sector, has added a new service: telling its customers whether they have a genetic variant that may significantly increase their chance of developing breast and ovarian cancer.

Africans’ DNA could be abusedby Bobby Jordan, The Times (South Africa)February 14th, 2009South African researchers and traditional leaders fear US scientists will soon start patenting the genes of local ethnic groups, many of whom have donated blood samples as part of a worldwide genome-mapping project.

Hwang to Back His Own Inventionsby Kim Tong-hyung, The Korea TimesJanuary 12th, 2009Getting a shot at redemption, Hwang's colleague at the Sooam Biotech Research Center confirmed that Seoul National University had handed over the intellectual property rights for Hwang's claimed inventions in human stem cell research to H-Bion.

Letting Sleeping Dogs Lieby Jesse Reynolds, Biopolitical TimesJune 12th, 2008The leadership of the California stem cell research agency has commissioned a new economic report. Any realistic economic analysis may not be an effective shield in Sacramento during a period of drastic budget cuts, and by reviving past controversy, revisiting the economic argument may backfire.

Dog Cloning and Intellectual Propertyby Marcy Darnovsky and Jesse Reynolds, Biopolitical TimesJune 5th, 2008In the minor flurry of stories last month about an on-line auction of dog cloning services, the issue of intellectual property was completely overlooked. That’s too bad, since the cloning business, like so many others, is best understood by following the money.

Unseen Rise of ‘Body Shopping’by Donna Dickenson, The Sunday TimesApril 20th, 2008Good science can’t be rushed, and the commercialisation of biotechnology needs proper examination. The problem is that parliament is too busy arguing about God to pay much attention.

Another Bill to Reform the California Stem Cell Research Programby Jesse Reynolds, Biopolitical TimesMarch 4th, 2008For the fourth year in a row, the Democratic chair of the California Senate Health Committee, currently Sheila Kuehl, and her Republican colleague, George Runner, have introduced a bill to address some of the flaws in the California stem cell research program.

Stem-cell Firms Resisting Cash LureInstitute Offers Grants with Strings Attachedby Steve Johnson, San Jose Mercury NewsDecember 20th, 2007Although companies now have a chance for the first time in the institute's three-year history to apply for its money, they may wind up having to share some of their revenue and research. And that is giving some companies second thoughts about participating.

A State Bill Passes, a Federal One Stallsby Jesse Reynolds, Biopolitical TimesSeptember 14th, 2007A California bill that would require the labeling of meat or dairy produced from cloned animals has passed the state Legislature. Meanwhile, a federal bill to permit generic biotechnology medicines has stalled again.

Don't Bite the Hand that Feeds Youby Jesse Reynolds, Biopolitical TimesAugust 3rd, 2007Given the magnitude of Keirstead's promotional activities, his undisclosed personal financial interest, and his own statement of clinical trials "in about a year" back in 2002, his pronouncements on the timeline for embryonic stem cell trials should receive a great deal of skepticism.

Gene Patent Billby Osagie K. Obasogie, Biopolitical TimesMay 18th, 2007The Genomic Research and Accessibility Act - aiming to curb the gold rush on patenting human genes - is making its way through Congress.

Federal Bill to Ban Patents on Human Genes IntroducedGenetic CrossroadsApril 30th, 2007The "Genomic Research and Accessibility Act" would prohibit future patents on human genes, a practice that has given "private corporations, universities, and even the federal government…a monopoly on significant sections of the human genome."

UK's HFEA Lowers the Bar, Againby Jesse Reynolds, Biopolitical TimesApril 30th, 2007The Human Fertilization and Embryology Authority - Britain's regulatory body for reproductive and genetic technologies - has just given the green light for IVF embryos to be screened for the "breast cancer genes." But besides this lowering of the bar in expanding PGD's use, this also highlights two roles played by government in promoting what some call a "new eugenics."

CGS letter on California's SB771April 4th, 2007CGS supports, if amended, SB771. We are concerned that the bill as currently written does not go far enough to protect Californians from potentially unfair pricing practices.

Restrictive Stem Cell Patents Overturnedby Jesse Reynolds, Biopolitical TimesApril 4th, 2007The licensing arm of the University of Wisconsin has long been criticized for its patents in embryonic stem cell research. Earlier this week, a federal agency agreed with these sentiments, and invalidated its stem cell patents.

Genetic justice, industry styleby Marcy Darnovsky, Biopolitical TimesMarch 19th, 2007The issues raised by the intertwining of law and human biotechnologies are often technically and socially complex. What's a busy jurist to do?

Neurolawby Osagie K. Obasogie, Biopolitical TimesMarch 13th, 2007Should courts be in the business of deciding when to mitigate someone's criminal responsibility because his brain functions improperly, whether because of age, in-born defects or trauma?

Bill to End Human Gene Patents Introduced in HouseGenetic CrossroadsFebruary 28th, 2007Hoping to end patents on human genes and genetic material, Representatives Xavier Becerra (D-CA) and Dave Weldon (R-FL) have introduced HR 977, the Genomic Research and Accessibility Act.

Patenting Lifeby Michael Crichton, New York TimesFebruary 13th, 2007YOU, or someone you love, may die because of a gene patent that should never have been granted in the first place. Sound far-fetched? Unfortunately, it’s only too real.